A federal judge Friday denied a Santa Clarita man’s last chance to avoid federal custody for a misdemeanor conviction, rejecting a motion to dismiss his conviction.
The ruling puts the wraps on a unique series of post-trial events for former Lancaster Deputy Trevor Kirk, who was convicted of deprivation of rights under the color of law by a jury in February.
Judge Stephen V. Wilson found the motion contrary to the public’s interest and to be rooted in a disagreement with the court’s decision, not a factual reversal, according to his 11-page ruling to deny Kirk a dismissal.
“The motion is a direct attempt to override the court’s decision to sentence (Kirk) to four months in prison. Indeed, after the court rejected its request for probation and imposed a custodial sentence, the government responded by seeking to dismiss all charges — ensuring defendant serves no time at all. Put simply, the government disagrees with the court’s sentencing decision and is using Rule 48(a) to erase it.”
Following Kirk’s conviction, a series of events drastically altered the potential outcome for his case.
The jury convicted Kirk of the felony version of the charges, which carries a maximum sentence of 10 years in prison. A presentencing report from the U.S. Probation Office sentencing guidelines called for an 87-month recommendation.
The victim, Jacy Houseton, presented medical records showing a broken wrist bone after a confrontation with Kirk, who was responding to a robbery call at a Winco as a Lancaster Sheriff’s Station deputy.
On April 1, Bill Essayli was named chief federal prosecutor for California’s Central District, which covers L.A. County, and he promised a review of Kirk’s case, according to a news release from a deputy union.
Essayli’s office reported a completely different version of the Houseton-Kirk confrontation in post-trial statements to the court, labeling Houseton as combative and denying her injury claims, which her attorney contested.
That was his justification for his office offering a rare post-trial deal, after all of the previous prosecutors assigned to the case either withdrew or were dismissed. The U.S. Attorney’s Office has declined to make any statement regarding its actions in this case.
The post-trial deal sought to essentially give Kirk probation for his conviction, which drew questions from Wilson, who ordered both sides to explain why he should set aside the lawful jury verdict.
That deal gave the maximum sentencing range as 12 to 18 months, but added the USAO felt one year of probation was fair. The following month, Wilson sentenced Kirk to four months.
Wilson gave Kirk until Aug. 28 to surrender, but Kirk’s attorneys, Tom Yu, as well as Ed and Brian Robinson, said they planned to appeal, but sought a bail hearing because the appeal of the case would take longer than Kirk’s four-month sentence.
That was denied last month, leaving Kirk one last option, the motion to dismiss his case, which was denied Friday.
Sheriff’s Department officials have stated Kirk is technically still an employee of the LASD following his conviction. However, court records that include statements from Kirk have indicated he’s no longer working in law enforcement in the region.
